Illegal Interview Questions Employers Can’t Ask

As tech recruiters working across Australia for many years now, we’ve heard stories of well-intentioned interviewers asking illegal questions, without even realising. It can happen if hiring managers aren’t properly prepared or are new to hiring and don’t have all the facts. 

It’s not only exposing you to legal risk; it also hurts your employer brand. The last thing you want is a perfect candidate to walk away from the process because they felt uncomfortable or offended by a question.

Hiring the right talent is hard enough without introducing unnecessary risk. That’s why we’ve put together this interview questions toolkit that includes our recruiter-approved alternatives to common illegal questions. 

Be sure to bookmark this one before your next round of interviews. 📌

What Happens If I Ask Illegal Questions in Interviews?

Asking questions that touch on protected characteristics, like age, gender, family status, or disability, can:

• Breach Australian anti-discrimination laws
• Make your company appear biased or unprofessional
• Lead to complaints, legal action, or reputational damage
• Drive away high-quality candidates

A structured, legally compliant interview process protects your company and improves the candidate experience, which is equally important because it helps you attract and secure top tech talent faster.

What Interview Questions Are Illegal in Australia?

Below are common interview questions that are protected by law that you can’t ask as an employer, even if you think they’re harmless:

❌ “How old are you?”
Age is a protected attribute. Asking this can be discriminatory unless it’s directly relevant (e.g., licensing requirements).

❌ “Do you have children or care for dependents?”
Family responsibilities are irrelevant to job performance and are protected under the law.

❌ “Have you had past injuries or illnesses?”
Health questions can discriminate against disability. Only ask if it directly affects the role’s essential requirements.

❌ “What religion do you follow?”
Religion is a protected characteristic. Asking about it can lead to claims of bias.

What Are Some Safe Alternatives?

Instead of the above, use these safe interview questions that are effective alternatives when an answer is needed as part of the role requirements:

How old are you?
✅ Alternative: “This role requires you to be able to provide proof of age/licence after an offer. Will that be possible if needed?”

Do you have children?
✅ Alternative: “Are you able to work the following hours/shifts?”

Past injuries/illnesses?
✅ Alternative: “Are there any medical conditions or limitations that would prevent you from performing the core duties of this role?”

Religion/political opinion?
No Alternative. Just focus on the skills and experience required to perform the job successfully.

If you ensure you’re structuring interview questions around the role’s inherent requirements, you’ll have a fair process with a good candidate experience and legal compliance.

Your Interview Compliance Checklist

To keep your hiring process on track and compliant, follow this simple checklist:

✔️ Questions are focused on skills, experience, and capability
✔️ Ask the same core questions to all candidates
✔️ Avoid personal characteristics (age, family, religion, etc.)
✔️ Document all answers objectively
✔️ Involve HR or a recruitment partner if unsure on certain sensitive topics
✔️ Use structured interview templates for consistency

The bottom line is that illegal questions are a compliance issue and a risk of losing great talent and damaging your brand. By using a structured, legally safe interview process, you’ll protect your company, reduce risk, and improve your chances of hiring the right people for your tech team.

If you want help designing interviews that are fair and effective, TheDriveGroup are your tech recruitment partners here to help you streamline your hiring process – saving you time while helping you secure top talent. 🚀